Situations of Annoyance in which Divorce may occur

3/10/2016 12:00:00 AM
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All praises are due to Allah, the Lord of the universe. And may His peace and blessings be upon His messenger, Muhammad,, his family and companions in general.

The theme of our article is a very common one about which questions are frequently asked. It deals with possible different situations of annoyance in which a man may find himself and pronounce divorce therein. These situations are three, thus:

1-Overwhelming Annoyance. This is a situation in which the angry person loses control of his senses. He gets out of control and may not even realize what he altered at that time. This is the highest level of annoyance. In this condition, any pronouncement of divorce is undoubtedly null and void.

2-Slight Annoyance. This is a situation whereby the annoyance is insignificant and the annoyed person has total control over his senses and utterances. All rules are binding on such person just like any other sane conscious individual. Thus a divorce pronounced herein is binding.

3-A mid way situation. This is a situation whereby the person is seriously angry but yet has control over his deeds and conscious of his utterances, although he could easily be inclined towards doing what he can easily regret later after the anger subsides. In this condition, Ibn Al-Qayyim said: "This is a considerable situation and the invalidity of pronouncement in such situation is a strong opinion." (Zadul-Ma'ad 5/215).

Ibn Taymiyyah (Al-Mustadrak Ala Majmu' Al-Fatawa 5/7) and some contemporary scholars like Ibn Baz (Al-Fatawa 21/373) and Ibn Uthaymin (Fatawa Al-Haram Al-Makki 3/258-260) also hold this view. They based their view on the hadith of Aisha (may Allah be pleased with her) in which she said that the prophet (PBUH) said: "No divorce (is valid) in the state of annoyance." (Abu Dawud, Ahmad and Hakim)

The case is likened to that of a man who divorces under duress. Although this is an internal compelling force and divorce under compulsion is invalid.

In conclusion, two things are noted:

I)The matters of divorce are not that easy to decide on. More especially in the case of our theme, whereby we have different possible situations, the judge should always be our reference point to help look into the situation surrounding the case before a judgment can be pronounced.

II)That annoyance comes from Shaytan. But thanks to Allah for its cure is handy too. It was reported in Bukhari in the hadith of Sulaiman bin Surd in which he said: "While I was sitting in the company of the Prophet, two men abused each other and the face of one of them became red with anger (i.e. he became furious). On that the Prophet (PBUH) looked at him and said, "I know a word that if he says , it will cause him to relax. If he says: 'I seek Refuge with Allah from the accursed Satan."

Abu Dharr (may Allah be pleased with him) narrated that the prophet (PBUH) told them: "If any of you gets angry while in standing position, he should sit down. But if the anger failed to get off him, he should lie down." (Abu Dawud)

There are other advice for one that may reduce our anger, such as:

1-To say "I seek refuge in Allah against the accursed Satan". This is because anger is from Satan, who always wishes destruction for mankind.

2-Performing ablution. This is because ablution in itself is an act of worship which thus will expel Satan.

3-Changing of position. This will prevent one from executing what initially got over his mind. Ibn Aqeel confirmed this in his statement that "It is recommendable for an angry person to change his position".

4-Silence and pardon. Allah said: meaning: "Those who repress anger and who pardon men; verily, Allah loves good-doers." (Al-Imran: 134) He also said: meaning: "And verily, whosoever shows patience and forgives, that would truly be from the things recommended by Allah." (Ash-Shura: 43). It also came in the hadith that a man once came to the prophet and said: “O Messenger of Allah, I have relatives with whom I try to keep in touch, but they cut me off; I treat them well, but they abuse me; I am patient and kind towards them, but they insult me.” The Prophet (PBUH) said: “If you are as you say, then it is as if you are putting hot dust in their mouths. Allah will continue to support you as long as you continue to do that.” (Muslim)

5-Invoking Allah to put away the attribute of anger from one.

6-Remembrance of the usual end of annoyance and furiousness such as enmity, separation, need to go apologize later and so on

7-Recalling the great reward attained by one who represses anger. It is also a quality of the best of believers.